State v. Harris

(dissenting) — I dissent. The majority by its application of the felony murder statute, RCW 9.48.040(2), has now converted the crime of manslaughter where a homicide results from a hunting accident to the crime of second-degree murder. The defendant in such a case, even in the absence of malice or intent or design to effect death, would be subject to conviction for second-degree murder by operation of law.

Our felony murder statute, RCW 9.48.040(2), provides:

The killing of a human being, unless it is excusable or justifiable, is murder in the second degree when—(2) . . . perpetrated by a…